In 2003, Justice Scalia Saw Gay Marriage Coming
Olson and Boies have know this all along.
That's why they've been so confident.
In a landmark 2003 decision, the Court ruled that states may not outlaw sodomy among consenting adults of the same sex. The minority dissent in the 6-3 ruling in Lawrence v. Texas was authored by Justice Scalia, who argued that the Courts reasoning effectively, if not explicitly, knocked down the legal basis for outlawing gay marriage.
Todays opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned, Scalia wrote.
Justice Anthony Kennedys majority opinion said the Courts ruling against anti-sodomy laws does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter.
Olson and Boies have know this all along.
That's why they've been so confident.